HALIFAX – The definition of a single word — community — is at the heart of an unusual case involving a Canadian soldier seeking compensation to cover the $88,000 he lost on the sale of his home when the military forced him to move from Alberta in 2010.

Maj. Marcus Brauer, who now lives in Halifax, appeared Tuesday in Federal Court to ask Judge Richard Mosley to order the Treasury Board Secretariat to review its decision to grant him only $15,000 in compensation.

Brauer’s lawyer, Daniel Wallace, argued that Ottawa should have covered all of his client’s losses because there is a policy in place offering financial protection for military members forced to move from depressed housing markets.

HEA Timeline Presentation
This presentation is made to assist with the sharing of information on the systemic denial of Home Equity Assistance by Treasury Board Secretariat

Access to Information Requests

A201000410
Correspondence sent by R. Singh regarding the Integrated Relocation Program and all correspondence between R. Singh and his superior officers, his deputy minister and others for the period of June 1, 2008 to October 29, 2010.

A201101059
All documents relating to the Litigation Management Unit that have been received or sent by Michelle d’Auray, Daphne Meredith, Andrew Saxton or Tony Clement from June 1, 2011 to March 15, 2012.

A-2010-01371
Original and complete text used by CDS to render his decision on Grievance Case Summary 2010-043 dated 16 Sept 2010.

A201100175
Background briefing notes prepared by the Treasury Board Secretariat for the new President, the Honorable Tony Clement.

A201000690
Copy of the current contract for relocation services between the Royal Canadian Mounted Police, Brookfield Global Relocation Services and Treasury Board Secretariat.

A-2010-00699
Communications from TBS re: applications for Home Equity Assistance in a depressed market (2007-2010). Number of CF members who have applied for + granted 100% HEA during this time. Any policy clarification or research studies on depressed markets.

A201000469
Copy of the following documents: the Crown Liability and Proceedings Act; Debt Write Off Regulations; Treasury Board Policy on Claims and Ex-Gratia payments; and the Treasury Board Risk Management Policy.

A201000295
Copies of 47 briefing notes on various issues sent to the President of the Treasury Board.

ATI A-2012-00942
All memos, reports, emails, briefing notes, minutes of meetings held within DND and any letters to or from TBS between 1 Jan 09-5 Aug 12 on the subject of 100% HEA, depressed markets or policy…

Relocation funds reported to be shifted to Mental Health
additional funds for mental health were transferred from the military relocation envelope shows the government is making up a “patchwork” strategy on the fly, he said, calling MacKay’s announcement “pre-emptive damage control.”

Definition of Community
The following is a description of one of the communities in question (Bon Accord, Alberta) which is, in accordance with Federal, legal and logical definitions, a community as required in the CFIRP HEA policy. This information was provided to TBS as part o

Donations
Although we won in Federal Court, the Treasury Board continues to deny payment. Please support our second attempt at justice.

Legislation

Bill C-15
Strengthening Military Justice in the Defence of Canada Act-An Act to amend the National Defence Act and to make consequential amendments to other Acts

PC Number: 2012-0861
PC Number: 2012-0861: His Excellency the Governor General in Council, on the recommendation of the Treasury Board and the Minister of National Defence, makes the annexed Canadian Forces Grievance Process Ex Gratia Payments Order.

Lamer Report
The First Independent Review by the Right Honourable Antonio Lamer P.C., C.C., C.D. of the provisions and operation of Bill C-25, An Act to amend the National Defence Act. “Those responsible for organizing and administrating Canada’s military justice sy

Constitution Act
Constitution Act: Legal Rights Marginal note:Life, liberty and security of person 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justic

It's Your Move (Brookfield Global Relocation Services) 2010-11
These exerpts show the definition of community as communicated to the Canadian Forces, and to the Third Party Contractors (i.e. realtors who conduct the depressed market ananlysis of the community. Surely, this substantiates the term community as a town.

PERSPECTIVES from the Canadian Forces Grievance Board-May 2011
This decision is said to be based on an email notification provided by a staff officer at TB in May 2009 to the effect that there are no “depressed markets” in Canada. It was later explained to the Board that the matter had not been pursued “given o

Canadian Forces Grievance Board 2012 Annual Report
The Board firmly believes that something must be done to assist Canadian Forces members who have been affected by the Home Equity Assistance policy. The Board has suggested to the Chief of the Defence Staff that this significant issue requires a considere

Case # 2012-140
the CDS agreed with the Board that the situation incurred by CF members with the application of the current Home Equity Assistance (HEA) policy is egregious. Therefore, the CDS confirmed the Board’s systemic recommendation submitted in previous files o